Filing for divorce in New York requires completing and submitting several legal forms, depending on whether the divorce is contested or uncontested. Each case is unique, but the following is a general overview of the essential documents needed to initiate and finalize a divorce in the state New York State Divorce Forms
Summons and Complaint
The divorce process begins with the Summons with Notice (Form UD-1) or the Summons and Verified Complaint). These documents formally notify the other spouse (the defendant) that divorce proceedings have started. The complaint outlines the grounds for divorce, such as irretrievable breakdown of the marriage or cruel treatment.
Affidavit of Service (Form UD-3)
Once the Summons and Complaint have been filed, they must be delivered to the defendant by a neutral third party. After service, the server must complete an Affidavit of Service (Form UD-3), confirming that the spouse was properly served.
Defendant’s Response
If the divorce is uncontested, the defendant may sign a Defendant’s Affidavit (Form UD-7), agreeing to the divorce terms. If the divorce is contested, the defendant must file an Answer, disputing the claims in the complaint.
Sworn Statement of Removal of Barriers to Remarriage (Form UD-4)
If the marriage was religiously recognized, the plaintiff may need to sign this form to confirm that no religious barriers prevent the other spouse from remarrying.
Affidavit of Plaintiff (Form UD-6)
The Affidavit of Plaintiff is a sworn statement confirming that all necessary legal steps have been taken to complete the divorce, including serving papers and addressing child support or custody if applicable.
Child Support and Custody Forms (If Applicable)
If the couple has minor children, additional forms are required, including:
Child Support Worksheet (Form UD-8(3)) – Calculates child support obligations.
Child Support Order (Form UD-11) – Details court-ordered child support payments.
Parenting Plan Agreement – Establishes child custody and visitation arrangements.
Settlement Agreement (If Applicable)
If the couple agrees on property division, spousal support, and other financial matters, they should draft a Settlement Agreement, which must be notarized and submitted with the divorce papers.
Judgment of Divorce (Form UD-11)
This is the final order signed by the judge, officially ending the marriage. Once signed, it must be filed with the county clerk.
Filing for divorce in New York requires careful preparation of various legal documents. Ensuring that all necessary forms are completed correctly can help streamline the process. If you are unsure about any paperwork, consulting a legal professional may be beneficial.